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It’s mid-afternoon. Mediation has been dragging on for hours, and the clients are getting frustrated. Both parties feel as though they have been making good moves, but the other side is being unrealistic and unreasonable. The lawyers are questioning if it is worth continuing. Something needs to change, or this mediation might go off the rails. Often, in this moment, the mediator will suggest, “Have you considered proposing a bracket?”
The suggestion is always met with a decisive response. Lawyers tend to have strong opinions on brackets, pro and con. Some embrace the concept as a tool for communication, while others regard them as a distraction from “real numbers.” But most everyone agrees, if you want to settle the case and nothing else is working, bracketology is worth a shot.
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